What Do I Do if I’m the Victim of a Sexual Assault?
Perhaps one of the most horrific criminal offenses, sexual assault violates the very personhood of its victim. A staggering 1 in 3 women and 1 in 4 men in California experience sexual assault in their lifetimes, making sexual violence one of the most common offenses in the country. If you are a victim of sexual assault, you are more than your attack and deserve to pursue justice for your trauma. Read on to learn what to do next if you’re assaulted.
What is Sexual Assault?
Sexual assault is a criminal offense characterized by one party forcing another party to touch or be touched in a sexual manner or coerces them into doing so. If consent is not enthusiastically and actively given by both parties, the encounter could be classified as assault. This may include rape, pressure to have sex, drunken sex, or even non-penetrative sexual touching without consent.
What Happens After an Assault?
If you have been assaulted, you should act quickly to ensure evidence can be collected. Take photos of any injuries you may have incurred during the attack and report the attack to the police. If the assault involved penetrative sex, a rape kit can be taken, swabbing the interior of the vaginal opening for DNA evidence of the attacker. Record or write down everything you remember about the assault, including if other people were nearby who may be able to corroborate your claims. Once you’ve taken care of your medical needs, contact a sexual assault lawyer as soon as possible so you have support as you seek justice.
How Long Do I Have to File a Sexual Assault Lawsuit in California?
California usually allots only 2 years for personal injury claims. However, sexual assaults are notoriously underreported and sensitive in nature. Because of this, California has increased the statute of limitations to 10 years for victims.
Frequently Asked Questions
Will my attacker be arrested if I file?
Filing a personal injury lawsuit against an attacker is different than them being arrested and tried for assault. When you report the assault to the police, they will investigate on their own and the District Attorney will determine if charges are officially brought. When you bring a lawsuit, you get to decide when and how you make a claim. In cases of sexual assault, an attacker may be the defendant in both a criminal case and personal injury case.
Do I need a sexual assault lawyer?
BD&J strongly encourages victims to retain a sexual assault lawyer with a history of compassionate and aggressive representation. Not only are you physically recovering after an attack, but you’re mentally recovering too. A sexual assault lawyer can manage the burden of legal proceedings for you while you get the support you need.
What kind of damages can I claim?
Sexual assault victims can claim a wide variety of damages in a lawsuit, including medical bills, trauma, therapy costs, loss of income, lifelong complications, punitive damages, and more.
How to Retain a Compassionate Sexual Assault Lawyer in California
If you were sexually assaulted in California, you may be eligible to collect compensation for your injuries. Follow these steps to contact a personal injury attorney with BD&J.
- Collect documentation on your injuries. Keeping photos, journal entries, and medical records to present to your attorney at BD&J can help expedite the filing of your claim.
- Contact our personal injury team here. Complete our form to receive a call from one of our team members regarding your potential case. Our lawyers will review the information you provide and begin the process of filing.
- Stay in contact with us. Our personal injury attorneys will be keeping you informed as your claim progresses. However, we empower our clients to participate in their claim and may need to discuss the process with you.
More Than $2 Billion Claimed for Victims
BD&J has provided dedicated, compassionate representation for California residents for decades. Our sexual assault lawyers can help you manage the overwhelming process of filing a lawsuit after your attack and act as your steadfast ally during one of the most difficult times in your life. If you’ve been assaulted in California, contact our sexual assault lawyers to schedule a free consultation today!
